Welcome to the seller agreement (the "Agreement" or "Seller Agreement") for Global Electronic Music Marketplace Inc. ("GEMM") This Agreement outlines the terms and conditions which you must agree to when registered as a seller with GEMM. By registering as a Seller in GEMM, you agree with the terms of this Seller Agreement, as well as other terms of use governing the GEMM website, including GEMM`s USER AGREEMENT and its PRIVACY POLICY .

We strongly recommend that, as you read this Seller Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a GEMM.

First, a few housekeeping rules.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and GEMM.

This agreement is effective upon registration for new registering sellers, and is otherwise effective on July 1, 2003 for all existing registered sellers.

Fees and Services.

We do NOT charge fees for listing items for sale in GEMM. Instead, our revenues are derived primarily from fees based on successful sales resulting directly from your listings in our site.

The fees are calculated based on the total amount paid by the buyer to obtain mercahandse from you, including but not limited to shipping, handling, insurance, and taxes.

GEMM does not represent, endorse, nor support, any seller or sellers who list their catalogs for sale on GEMM.com

GEMM fees will be included in the total amount to be collected for your product sold through GEMM as indicated by you. GEMM fees will then be deducted from that amount and you will be forwarded the remainder.

We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Unless otherwise stated, all fees are quoted in U.S. Dollars.

It is unlawful to list and sell items deemed to be illegal by U.S.A. or international law. GEMM may hold any funds collected for such items as GEMM deeems necessary, in lieu of returning any such funds to customers or maintaining those funds to assist in the resources necessary to investigate and prohibit listing such items by sellers in the future.

You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

How GEMM`s guarantee affects you.

If the buyer uses GEMM to process a payment for an order that you accept, GEMM will be reimbursed by you for all losses resulting from customer fraud or refusal to pay.

GEMM reserves the right to issue refunds, in its sole discretion, up to the full amount of purchase upon request of the customer. You agree to reimburse GEMM for the full amount of any such refunds.

Please click here for more information about chargebacks, fraud, and refunds.

Limitation of liability

GEMM has no liability of any sort arising from any interruptions or errors on our web site.

GEMM HAS NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR YOUR RELATIONSHIP WITH GEMM, EVEN IF WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Further, GEMM`s aggregate liability arising under or with respect to this agreement shall in no event exceed the total commissions paid by you to GEMM within the 12 months prior to the action allegedly giving rise to liability.

"Your Information"

"Your Information" is defined as any information you provide to us or other users in the registration or listing process, or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

Restricted Activities. / Things you cannot sell on GEMM.

You must be legally able to sell the item(s) you list for sale on the Site.

We do not permit the sale of illegal, pornographic, or bootleg items on GEMM. This includes items which may infringe on the intellectual property rights of third parties.

Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party`s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.

You agree to indemnify and hold GEMM, its officers, directors, attorneys, agents, and employees harmless against all liabilities, costs and expenses (including reasonable attorneys` fees) incurred by GEMM, its officers, directors, attorneys, agents, and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions.

"It is not permitted to replicate, "piggyback", or "hijack" the catalogs of other sellers without the expressed permission, written or otherwise, of the seller who has actual physical possession or direct access to the supplier of the items in question."

License.

Solely to enable GEMM to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. GEMM will only use Your Information in accordance with our Privacy Policy.

Customer Privacy

We at GEMM take the privacy of our users very seriously. Please review the terms and conditions of GEMM`s privacy policy which all GEMM sellers must agree to abide by.

General terms to this Agreement.

GEMM reserves the right to deny or remove sellers from GEMM for any reason, in its sole discretion.